National Quality Framework

The National Law places a very high burden on Supervisors, Service Providers, OSHC Educators and Family Day Care Educators to protect children from harm and injury.

Section 167 - Offence relating to protection of children from harm and hazards

The approved provider/nominated supervisor of an education and care service/ family day care educators - must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury. 

Penalty-

• $10 000 in the case of an individual
• $50 000 in any other case

In your workplace you will see a lot of focus on protecting children from accidental harm and hazards, but don’t forget you have an equally important duty to protect from non-accidental harm or injury – which is child abuse.

Hazards are not just physical things that can risk causing accidental injuries, such as the sandpit, the climbing fort, a broken toy, and sharp edges. Hazards also include anything that poses a child abuse risk to a child. So the community represents a hazard, as does a paedophile or any other kind of child abuser. If you suspect child abuse is happening at home, then home is a hazard. If you suspect child abuse is happening when the child is with Uncle Bob, then Uncle Bob is a hazard – and you need to act to protect the child from Uncle Bob by reporting your suspicions.

So to sum it up, if you suspect abuse you have a duty to protect the child from that harm, or the hazard that’s likely to cause that harm or injury.